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3 Surprising Reasons You Could Lose a Custody Case

In this day and age, it’s no longer correct to assume that a mother will win a custody case due to the fact that she is the mother. The statistics show that fathers who seek primary custody of their children are given custody roughly 50% of the time.

So now that it’s a fair playing field, here are some reasons that can cause you to lose a custody case.

Not Being The Primary Caretaker

It’s common in most households for one parent to have a more dominant role and responsibility for caring for the children’s everyday basic needs.

The parent which plays this role is known as the primary caretaker. This is the parent who is the most involved in the children’s daily lives and usually has the most leverage during a custody case.

If you fail to be this parent and be involved in your children’s everyday activities such as feedings, bathings, taking them to school, etc., you are at a disadvantage in the eyes of the courts.

Failure to Address Alcohol, Drugs, or Other Parental Fitness Issues

The parent who, whether it’s occasional or daily, participate in taking any drugs or consuming alcohol may have a problem winning custody of children.

Many judges take allegations of substance abuse very seriously and will request that the allegations be proven or disproven through interviews with the parent, random testing, and psychological evaluations.

If you struggle with substance abuse then you must seek appropriate counselling immediately, preferably before the proceedings begin so the judge can see you are receiving the help you need and judge you less harshly. If there is evidence of abuse during the substance abuse then you are almost guaranteed to lose.

Technology Can Be Your Downfall

In this day and age technology may be the result of your loss of custody in court which is why you need to think carefully before you send your spouse, friends, or family any comments regarding the proceedings or divorce in general.

Evidence which can now be used in court is as following, but not limited to, any negative text messages, voicemails, recordings, emails, pictures, and videos.

If you are prone to sending impulsive messages and rants then you may want to refrain as it could pose a serious risk to your custody case.

The last thing you want is to lose your children due to a lack of restraint or moment of weakness which is now documented forever.

The court understands that a divorce is something with the power to break apart families. This is why they take certain precautions and hold these cases to make sure that the proper decision is made regarding the children in the middle of the divorce.

You should always seek out an experienced attorney who can help you navigate the legal proceedings in a custody case. If you need advice or representation, don’t hesitate to contact us. We’re here to help you get the results you need!